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Articles 1 - 30 of 497
Full-Text Articles in Law
Not Even A Federal Judge Can Make Texas Protect Kids, Patrick Michels
Not Even A Federal Judge Can Make Texas Protect Kids, Patrick Michels
UDC Law Faculty in the News
In a thirteenth-floor courtroom in downtown Dallas, Jackie Juarez took the witness stand to testify about years of mistreatment under the system that raised her. Now eighteen years old, she stood a little over four and a half feet tall, with dark curls that fell atop a long, cream-colored cardigan. She pulled By Patrick Michels the microphone close as she spoke. At eleven years old, she had been placed in the state’s custody, for reasons that remain confidential. She was removed from a group home after reporting inappropriate text messages from a male staffer—he remained employed at the facility, while …
Adding Wage Theft As A Qualifying Crime In The U Visa Certification, Genesis Aguirre Guerra
Adding Wage Theft As A Qualifying Crime In The U Visa Certification, Genesis Aguirre Guerra
University of the District of Columbia Law Review
Jose Lopez1 migrated to the United States without proper documentation. After he arrived, Mr. Lopez had several consecutive jobs as a line cook in various restaurants in Reno, Nevada. He started working at Casino restaurant. One day, Mr. Lopez noticed that his paychecks had not been reflecting the overtime hours he worked. Mr. Lopez approached his employer about his pay discrepancy. His employer told Mr. Lopez that he would pay for overtime the following week. The following week came, and the employer did not pay Mr. Lopez for his overtime hours. This continued for several weeks. Mr. Lopez confronted his …
Housing Hipsters: Adapting The Spirit Of Hipster Antitrust To Address Wealth Asymmetries Between Corporate Residential Properties And Cost-Burdened Residents, Beth Brodsky
University of the District of Columbia Law Review
Sean Gotcher, a real estate agent for 11 years, went viral on TikTok with a real estate hypothetical.1 Gotcher asked how weird society would be if a billion-dollar company collected data on what people would be willing to pay for housing by zip code and then use that information to buy under the market-rate in order to sell above the market rate.2 He wondered how weird it would be if this company bought 31 homes in a two-mile radius to sell for a profit of $1.2 million within a year.3 Zillow inspired this scenario. 4 After Gotcher’s TikTok video received …
The Equal Rights Amendment And The Equality Act: Closing Gaps Post-Bostock For Sexual Orientation And Gender Identity Minorities, Sarah Blazucki
The Equal Rights Amendment And The Equality Act: Closing Gaps Post-Bostock For Sexual Orientation And Gender Identity Minorities, Sarah Blazucki
University of the District of Columbia Law Review
In 2020, the Supreme Court held in Bostock v. Clayton County that the “because of sex” protection in Title VII of the Civil Rights Act of 1964 (Title VII) included an individual’s “homosexual and transgender status.”1 This landmark decision expanded employment protections under the law, for the first time providing broad federal protections to sexual orientation and gender identity minorities.2 It was a sweeping decision, granting protections to millions of people.3 Yet many worry the protections are incomplete, for several reasons. First, the Court explicitly used the language “homosexual and transgender,”4 potentially leaving unresolved if other minority sexual orientations and …
There Is No Bruen Step Zero: The Law-Abiding Citizen And The Second Amendment, Jeff Campbell
There Is No Bruen Step Zero: The Law-Abiding Citizen And The Second Amendment, Jeff Campbell
University of the District of Columbia Law Review
In District of Columbia v. Heller, 1 the Supreme Court transformed Second Amendment law by adopting an originalist approach in gun-rights cases. Breaking from its previous cases, the Court recognized an individual right to bear arms, at least within the home.2 The Court’s method, while not fully specified, focused on history to determine the meaning of the Second Amendment. 3 But despite the abrupt change in the law, the anticipated revolution never really came. Lower courts turned away nearly every challenge to existing gun laws, sometimes by declining to extend Heller outside the home,4 sometimes by finding that the laws …
Options For Youth With Disabilities: A Focus On Competitive Integrated Employment Limits, Tatyana Safronova
Options For Youth With Disabilities: A Focus On Competitive Integrated Employment Limits, Tatyana Safronova
University of the District of Columbia Law Review
For people with disabilities, employment outcomes are discouraging. In 2021, only 19% were employed, a third of the employment rate for people without disabilities.1 Disabled individuals worked part-time because they could not find full-time work or because of a reduction in hours. 2 Fewer disabled persons had bachelor or higher degrees, and fewer worked in professional and managerial positions than people without disabilities. 3 To make it possible for disabled adults to get well-paying jobs, we must ensure that disabled youth have a solid educational foundation. That requires that more youth graduate high school; only 68.2% of students with disabilities …
Justice Ginsburg's Journey To Dissents And Influence On Reproductive Rights, Songo Wawa
Justice Ginsburg's Journey To Dissents And Influence On Reproductive Rights, Songo Wawa
University of the District of Columbia Law Review
Justice Ruth Bader Ginsburg’s advocacy for gender equity, evidenced by her nationally famous dissents, began long before her 27 years on the Supreme Court. Prior to becoming a Supreme Court Justice, Attorney Ginsburg’s early experiences of gender inequity led to her advocacy for women’s rights as a law professor and as co-founder of the American Civil Liberties Union’s Women’s Rights Project. 1 Attorney Ginsburg’s legal strategy encompassed her pragmatic approach to voicing her opinions about gender equality. 2 In Gonzales v. Carhart, both her dissent announcement and written dissent demonstrated Justice Ginsburg’s commitment to women’s reproductive autonomy.3 Without Justice Ginsburg’s …
Daca's Tax Benefits Highlight The Need For Broader Immigration Reform, Jacqueline Lainez Flanagan
Daca's Tax Benefits Highlight The Need For Broader Immigration Reform, Jacqueline Lainez Flanagan
Journal Articles
America’s aging population and declining birth rates are negatively affecting the nation’s Social Security and Medicare safety nets, reducing tax revenue, and weakening the broader economy.1 Meanwhile, immigration is increasing workforce participation by expanding the number of young adults in the United States.2 Despite political setbacks, the Deferred Action for Childhood Arrivals (DACA) program exemplifies the economic and tax benefits of immigration, providing data and the impetus for a better way forward. Although not all DACA-eligible youth have registered for it, it is estimated that in 2017 alone, more than $2.2 billion in federal taxes were paid by DACA-eligible youth …
Statement Of The District Task Force On Jails & Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia Performance Oversight Hearing For The D.C. Department Of Corrections March 1, 2023, Katherine S. Broderick
D.C. Council Testimony
No abstract provided.
Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023, Katherine S. Broderick
Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023, Katherine S. Broderick
D.C. Council Testimony
No abstract provided.
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Performance Oversight Hearing For The Deputy Mayor For Public Safety & Justice, Katherine S. Broderick
D.C. Council Testimony
No abstract provided.
Through A Lens Of Genocide: A Different Approach For Hate Crimes Legislation, Bruce Ching
Through A Lens Of Genocide: A Different Approach For Hate Crimes Legislation, Bruce Ching
Journal Articles
Hate crimes perpetrators select their victims based on the victims’ identity groups. Policies underlying legislation against hate crimes recognize that such crimes inflict greater harm on society than do the same actions committed for non-biased motives. Genocide may be conceptualized as hate crimes writ large; conversely, a new model of hate crimes legislation might be patterned on legal concepts of genocide scaled down to state or local levels. This new recognition could successfully address criticisms from both liberal and conservative factions along the political spectrum, offering a model that state and local governments could invoke for dealing with bias-motivated incidents …
Understanding Bias In Civil Procedure: Towards An Empirical Analysis Of Procedural Rule-Making's Role In Continuing Inequality, Masai Mcdougall
Understanding Bias In Civil Procedure: Towards An Empirical Analysis Of Procedural Rule-Making's Role In Continuing Inequality, Masai Mcdougall
Journal Articles
This Article uses the history of procedural rules governing “freedom suits” to elucidate the collection of rights that constitute the Western idea of “individual liberty,” and to make a prima facie case that our current Rules of Civil Procedure are biased against the enforcement of those rights by American minorities. This history reveals a systemic inequality in procedural rights that both pre-dates race and favors the consolidation of economic and political power over the enjoyment of the rights that supply the foundation for classical liberalism. I argue that collecting demographic data on litigants’ interaction with our Rules of Civil Procedure …
The Scarlet Letter "E": How Tenancy Screening Policies Exacerbate Housing Inequity For Evicted Black Women, Yvette N.A. Pappoe
The Scarlet Letter "E": How Tenancy Screening Policies Exacerbate Housing Inequity For Evicted Black Women, Yvette N.A. Pappoe
Journal Articles
The COVID-19 pandemic resulted in an unprecedented health and economic crisis in the United States. In addition to more than nine hundred thousand deaths in the United States and counting, another kind of crisis emerged from the pandemic: an eviction crisis. In August 2020, an estimated thirty to forty million people in America were at risk of facing eviction by the end of the year. Black women renters faced a higher risk of losing their homes than other groups. At the onset of the pandemic, the federal government implemented eviction moratoria to prevent the evictions of tenants who were unable …
Direct Cash Transfers And Tax Policy: Reporting Cash Transfers For Maximum Benefit To The Recipients, Jacqueline Lainez Flanigan
Direct Cash Transfers And Tax Policy: Reporting Cash Transfers For Maximum Benefit To The Recipients, Jacqueline Lainez Flanigan
Book Chapters
Unconditional direct cash transfers (DCTs) are supported by a vast national and international evidence base. They have been shown to have a positive impact on health outcomes, school attendance, child development, household spending, and poverty reduction (Morton et. al., 2020). For young people experiencing homelessness or housing instability, DCTs offer a promising approach for moving swiftly to safe, permanent housing and starting on pathways to independence. While a DCT can be an important source of support and financial safety net, there is currently no express exemption from income for DCTs, potentially impacting a young person’s tax burden. Ultimately, this could …
Board Members, University Of The District Of Columbia Law Review
Board Members, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins
Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins
University of the District of Columbia Law Review
In a society where many topics related to female reproduction are considered taboo, menopause is especially stigmatized because of its intersection with age and a perception that a woman’s value ends with her reproductive ability.1 As described by Gail Sheehy (“Sheehy”) in The Silent Passage, menopause is “one of the most misunderstood passages in a woman's life.”2 Menopause causes shame and stigma because of its association with middle age in a culture obsessed with youth.3 The failure of courts to extend available protections to claims related to menopause denies millions of working persons protections from unlawful discrimination under the Americans …
"Serving Time And It's No Longer A Crime: An Analysis Of The Proposed Cannabis Administration And Opportunity Act, Its Potential Effects At The Federal And State Level, And A Guide For Practical Application By Local Government", R. Allyce Bailey
University of the District of Columbia Law Review
There has been much recent discussion surrounding cannabis use with some researchers supporting the use of medical marijuana, some investors relishing in the recently booming cannabis and CBD industry, and some states decriminalizing marijuana and even harsh controlled substances. As it appears, at least some public opinion is changing regarding marijuana, but the law has not effectively caught up to that change. Bias in the criminal justice system has led to the over-policing of, higher conviction rates, and harsher sentences for minorities. Thus, the decriminalization of marijuana alone does not remedy the grave disproportionate negative effects on populations of color …
A More Grown-Up Response To Ordinary Adolescent Behaviors: Repealing Pins Laws To Protect And Empower D.C. Youth, Mae C. Quinn, Tierra Copeland, Tatyana Hopkins, Mary Brody
A More Grown-Up Response To Ordinary Adolescent Behaviors: Repealing Pins Laws To Protect And Empower D.C. Youth, Mae C. Quinn, Tierra Copeland, Tatyana Hopkins, Mary Brody
University of the District of Columbia Law Review
In February 2020, the District of Columbia (“District” or “D.C.”) Juvenile Justice Advisory Group (“JJAG”), issued an important report calling for decriminalization of “status offenses.” Status offenses are alleged youthful wrongdoings that are prosecuted in the District as “Persons in Need of Supervision” cases.1 This Position Paper provides additional support for JJAG’s recommendations. It offers guidance and suggestions to help the District successfully transition away from PINS prosecutions—while also ensuring community youth feel safe, supported, and empowered in their own lives as they transition to adulthood. The D.C. Metropolitan Police Department has historically been the enforcement arm to address youth …
The Missing Piece Of The Puzzle: The Intersection Of Race And Special Education, Tsega Zewdneh Shiferaw
The Missing Piece Of The Puzzle: The Intersection Of Race And Special Education, Tsega Zewdneh Shiferaw
University of the District of Columbia Law Review
The privileges allotted to Americans cannot be compared to any other country’s citizens. Americans have the liberty of saying what they want, thinking what they want, and acting freely in public. Nebiyat Shiferaw (“Nebiyat”) is a thirty-year-old African American man who is unable to speak and live independently because he has autism, also known as autism spectrum disorder (“ASD”). Nebiyat does not experience the same liberties as most Americans; he has gone through special education programs and has overcome discrimination, not because of the Individuals with Disabilities Education Act (“IDEA”), but because of his parents advocating for him. As a …
Bar Exam Policies On Menstruation Still Fall Short, Margaret E. Johnson, Elizabeth B. Cooper, Marcy Karin
Bar Exam Policies On Menstruation Still Fall Short, Margaret E. Johnson, Elizabeth B. Cooper, Marcy Karin
Menstrual Policies and the Bar
No abstract provided.
Statement Of The District Task Force On Jails And Justice Before The Committee On Transportation And The Environment Of The Council Of The District Of Columbia. Budget Oversight Hearing For The District Department Of Transportation, Katherine S. Broderick
D.C. Council Testimony
No abstract provided.
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The Metropolitan Police Department, Katherine S. Broderick
D.C. Council Testimony
No abstract provided.
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The D.C. Department Of Corrections, Katherine S. Broderick
D.C. Council Testimony
No abstract provided.
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick
D.C. Council Testimony
Statement of the District Task Force on Jails and Justice Before the Committee on the Judiciary and Public Safety of the Council of the District of Columbia. Performance Oversight Hearing for the D.C. Department of Corrections. Katherine S, Broderick. March 2, 2022.
Performance Oversight Hearing For The Metropolitan Police Department , February 17, 2022, Katherine S. Broderick
Performance Oversight Hearing For The Metropolitan Police Department , February 17, 2022, Katherine S. Broderick
D.C. Council Testimony
Statement of the District Task Force on Jails and Justice Before the Committee on the Judiciary and Public Safety of the Council of the District of Columbia. Performance Oversight Hearing for the Metropolitan Police Department. February 17, 2022.
Statement Of The District Task Force On Jails And Justice. Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick
Statement Of The District Task Force On Jails And Justice. Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick
D.C. Council Testimony
No abstract provided.
Citizenship, Race, And Statehood, Kristina M. Campbell
Citizenship, Race, And Statehood, Kristina M. Campbell
Journal Articles
This Article will discuss the interplay between citizenship, race, and ratification of statehood in the United States, both historically and prospectively. Part II will discuss the development and history of the Insular Cases and the creation of the Territorial Incorporation Doctrine (“TID”), focusing on the Territory of Puerto Rico and how the issues of citizenship, race, and statehood have evolved in shadow of empire as a result. Part III will look back on the admission to the Union of New Mexico and Arizona—the forty-seventh and forty-eighth states—and discuss the substantial difficulties these territories had in getting admitted for statehood due …
Letter To Washington State Bar Association, Legislation/Civil Rights Clinic
Letter To Washington State Bar Association, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Vermont Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To Vermont Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.